Long Beach City Council to take on marijuana laws itself

LONG BEACH >> Rather than ask voters what the city should do about medical marijuana, officials will take a second crack at writing laws controlling the industry.

In a surprise turn, the City Council voted 8-0 Tuesday to direct Acting City Attorney Charles Parkin to use zoning code to develop a new permit process for medical cannabis collectives. Long Beach’s previous 2010 lottery scheme for permits was struck down in court because of a conflict with federal law.

Council members had been expected to consider for the April ballot a stalled measure by the Long Beach Citizens’ and Patients’ Rights political action committee forcing the city to regulate collectives.

Long Beach banned collectives of more than three people in February 2012 after the court decision that invalidated the city’s marijuana law.

The author of the original item, Councilwoman Suja Lowenthal, instead introduced the motion to put together the new rules that may cap dispensaries in the city and confine them to industrial zones.

In March, City Clerk Larry Herrera found that the Patients’ Rights PAC did not have enough signatures to qualify its initiative for a requested special election.

Herrera’s office completed a random sample of 3 percent of the signatures and announced that only 31,294 signatures were valid, short of the 15 percent, or 33,543, required for a special election. The group disputed the count and sued.

That suit was then dealt a blow on Monday when a federal judge ruled that Herrera “acted reasonably rather than arbitrarily or fraudulently” when he disqualified its petitions in March.

After Tuesday night’s council meeting, Lowenthal said she was encouraged by the vote, considering the recent events.

“I think it took leadership and an acknowledgment that 30,000 signatures on the initiative meant something,” Lowenthal said.

An attorney for the Patients’ Rights PAC, Jina Nam, said that the petition drive was started in part because the council refused to re-cast the city’s marijuana regulations. Currently, cannabis collectives of three or more people are banned.

“Now that they’ve decided to do that and take the initiative, we’re ready to sit down with them and balance all interests,” Nam said.

About the Author

Eric Bradley covers Long Beach City Hall and politics. He joined the Press-Telegram in August 2011 and previously reported for the Daily Breeze and the Cincinnati Enquirer. Reach the author at eric.bradley@langnews.com
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